To retain the best global talent, many employers leverage the annual H-1B visa lottery to secure work authorization for new employees. The nature of a lottery, however, leads some employers to search for ways to improve their chances of securing that “winning ticket”—and a pathway to retaining key talent in the United States. Recently, the Department of Homeland Security (DHS) noted that some employers had developed schemes with other entities to submit multiple submissions on behalf of the same prospective employee. In this Legal Update, we discuss the H-1B visa lottery process, which business practices are being targeted in the DHS probe, and what employers – and prospective employees – should be aware of in light of the investigations.

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Australia’s Department of Home Affairs has announced that all subclass 482 visa holders will be eligible to apply for permanent residency by the end of 2023. Currently, subclass 482 visa holders in short-term occupations are unable to seek permanent residency. The government will also allow short-term subclass 482 visa holders to renew their visas indefinitely, and will reduce the required employment period before seeking permanent residency from three years to two. The new policies are designed to provide more equitable access to permanent residency in Australia.

Continue Reading Australia Expands Eligibility for Permanent Residency
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Effective July 1, 2023, the Australian government will raise the Temporary Skilled Migration Income Threshold (TSMIT) from AUD $53,900 to AUD $70,000. The move is a response to the government’s independent “Review of the Migration System,” which recently recommended actions for updating Australia’s immigration system. Raising the TSMIT will affect eligibility for the Subclass 482 visa – a Temporary Skill Shortage visa designed to allow employers to sponsor a suitably skilled foreign worker to fill a position for which a qualified Australian candidate cannot be found. According to the government announcement, around 90% of full-time jobs in Australia are now paid more than the current TSMIT.

Continue Reading Australia Raises Income Threshold for Skilled Migrant Visas
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On April 18, 2023, the European Parliament approved a visa liberalization regime for Kosovar nationals that enables visa-free travel to the Schengen Area. Under the plan, citizens of Kosovo will be allowed to travel to the Schengen Area without requesting a visa, for periods of up to 90 days in any 180-day period. EU citizens will likewise be allowed to travel to Kosovo without a visa. The law is set to enter into force once the European Travel Information and Authorization System (ETIAS) becomes active, which is expected in 2024.

Continue Reading European Parliament Approves Visa-Free Travel for Kosovo

Mayer Brown’s Andrew Pincus contributed to Forbes’ recent article, “Immigration Research: DACA Recipients Do Not Harm U.S.-Born Workers.” In the piece, Andrew explores the repercussions of ending the Deferred Action for Childhood Arrivals (DACA).  He states that more than 600,000 people could lose the ability to participate in society and also face the possibility of being deported to countries they have never known because they came here as children.

Effective April 1, 2023, South Korea has temporarily exempted travelers from twenty-two countries and regions from the requirement to obtain a Korean Electronic Travel Authorization (K-ETA) before entry. The exemption will be in place through at least December 31, 2024. Among the locations covered by the exemptions are the United States, Canada, Australia, New Zealand, Hong Kong, Japan, and Taiwan. According to the notice by South Korea’s Ministry of Foreign Affairs, the temporary policy is intended to support the revitalization of the country’s tourism industry, which has been heavily affected by the COVID-19 pandemic.

Continue Reading South Korea Announces Travel Authorization Exemptions

On Monday, March 27, 2023, U.S. Citizenship & Immigration Services (USCIS) announced that it had received a sufficient number of H-1B registrations through its electronic registration system to reach the annual cap for FY 2024. The announcement includes registrations for both the 65,000 regular cap as well as the 20,000 slots allotted for the U.S. advanced degree exemption (or “master’s cap”). H-1B cap-subject petitions for FY 2024 may be submitted based on valid, selected registrations beginning April 1, 2023. While USCIS has not announced plans for additional selections, valid registrations remain eligible for selection if the number of petitions actually submitted does not allow the agency to reach the annual cap. 

Continue Reading USCIS Completes Initial H-1B Registration Selection Process for FY 2024
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Effective October 1, 2023, Brazil will require nationals of the United States, Canada, Japan, and Australia to obtain a visa prior to entering the country for tourism, business, and other purposes. The announcement reverses a visa waiver policy that had been in place since 2019 with the goal of promoting tourism. In announcing the new requirement, the Brazilian government stated that the visa exemption policy was not in keeping with the principle of reciprocity, as all four countries require visas of Brazilian nationals. While details on the new visa requirements are forthcoming, the government has stated that the visas will be issued electronically, as they were previously.   

Continue Reading Brazil to Reinstitute Visa Requirement for U.S., Canada, Japan, & Australia

The United Kingdom and India have announced a reciprocal Young Professionals Scheme (YPS) that will allow select nationals of each country to live, work, study, and travel in the other for up to twenty-four months. The visa program is open to Indian nationals between 18 and 30 years of age who hold at least a bachelor’s degree, have at least £2,530 in savings, and do not have any children. UK nationals seeking to travel to India are subject to similar requirements. Indian nationals will be required to enter their names in a ballot (lottery) system, with 2,400 applicants selected per ballot. UK nationals are not subject to a ballot system. The reciprocal program is intended to foster closer economic and cultural ties between the United Kingdom and India by opening binational opportunities to the countries’ young professionals.

Continue Reading UK and India Announce Reciprocal Visa Program for Young Professionals

Effective September 1, 2023, the government of Singapore will require companies sponsoring foreign nationals for new Employment Passes (EPs) to verify the individual’s academic credentials. This policy will also apply to renewal applications as of September 1, 2024. Previously, verification of academic credentials was only required at government request and for select countries and institutions. Singapore’s announcement is intended to prevent fraudulent submissions and ensure the authenticity of visa applicants’ qualifications.

Continue Reading Singapore Adopts Education Verification Requirement